Earlier Thursday morning, just after midnight, police say they encountered Barry Deloatch in a known drug area.

For some reason, he ran from them.

"He got away from them and instead of chasing him down, they shot the guy," Bennie said.

Barry, 46, was shot after police chased him on Throop Avenue just before 1:00 a.m.

And with no word at all from police and prosecutors, Deloach's brother is left to come to his own conclusions.

"Obviously foul play, foul play," she said.

Others will ultimately decide on that after an investigation, but Eyewitness News has obtained audio of what is purported to be the police radio transmission from this morning.

"He went over to 105 Throop. We're stuck under the fence with him," you can hear on the transmission.

And then, just moments later, Deloach is shot and a police officer relay the news back to headquarters.

"Shots fired, just one shot fired so far."

There would be two shots and they would kill Barry Deloach, but why were they fired?

The purported police transmission offers some clue.

"Suspect was attempting to hit us with a wooden stick," you hear.

Deloach's brother says no one from the police or prosecutors office has contacted the family with any information about the shooting.

Bennie admits his brother wasn't perfect, but no matter what he was doing it didn't warrant two bullets to his side.

He had to make the identification at the hospital and is beyond angry. He says his brother did not have a weapon.

"The way the police roll up on you would scare anyone," Bennie said. "Your first reaction is I'm getting the hell out of here. Their response to that is no you're not, pow! That's what happened to Barry."